Bonum Certa Men Certa

IAM and IBM Want Lots of Patent Litigation in India

Not just low-salaried labour/workforce for IBM

India IAM lobbyingSummary: Having 'championed' lobbying for litigation Armageddon in China (where IBM's practicing business units have gone), patent maximalists set their eyes on India

IBM is trying to change the USPTO, having had a Director in it for a number of years (he's now working for IBM as a lobbyist). IBM is a patent bully and almost a troll (IBM still sells some products, so it's premature to start calling it a "patent troll").



IBM used software patents against Twitter (many did not notice that), extracting perhaps tens of millions of dollars without actually doing anything.

Florian Müller, an IBM critic, has just published this blog post about a core Twitter patent in the post-Alice era. "Worst-case scenario for Twitter," he added, is that "some of its "own" patent claims might belong to Indian inventor, who could then sue Twitter."

From yesterday's blog post:

It could be that an Indian patentee ends up owning what was considered a core Twitter patent. But he's not quite there yet. His U.S. Patent Application No. 15/053,889 is facing an Alice (€§101) rejection by the examiner, which he is appealing (the appeal was filed in late November). Most recently, the examiner sought to defend his rejection in his mid-February answer to the appeal brief.

Twitter's older and narrower patent was granted at a pre-Alice time; but the broader one was granted in 2015. The USPTO is clearly applying double standards so far, holding the same claims abstract in one case after not holding them abstract in another. That's not good.


PTAB/district courts/CAFC would likely just say, "go away, opportunist/troll..."

They're no longer tolerant of such patents.

Speaking of India, Dolby does not create anything concrete in India; nothing but patent lawsuits. But a person from Dolby, a speaker at an upcoming IAM event in India (possibly with the usual advocacy of software patents in India), will certainly enjoy yesterday's puff piece that says:

Documents filed with the Delhi High Court show that Dolby Laboratories called off a dispute with Oppo last December after more than a year of litigation. For the US-based licensor of audio standards technology, the Oppo deal followed on two settlements with Indian defendants during the course of 2017.

Dolby made its first patent assertions in India in 2016, with Oppo and Vivo as its initial targets. In October that year, Delhi High Court Justice Rajiv Sahai Endlaw laid out an interim royalty payment regime requiring both defendants to deposit 34 rupees ($0.52 at today’s rates) with the court per device sold. According to SpicyIP, the court subsequently required the two Chinese brands to “furnish bank guarantees for the entire amount of the royalty payments due to the plaintiffs”.

[...]

Dolby’s latest cases demonstrate why FRAND and SEP issues will be high on the agenda here in Mumbai.


IAM has long lobbied for software patents in India, for FRAND, and SEP (see examples from last year [1, 2, 3, 4, 5]). IBM did the same thing in India (we wrote articles about that). IAM is the spin department/think tank (setting up lobbying events). It's just using Dolby (above) as a "model" example by which to drive the agenda. IAM and IBM are often on the same wavelength; both are patent maximalists that want the public to think that patents and innovation are the same thing and only patent litigation (or 'monetisation') is the fulfillment of a patent.

Recent Techrights' Posts

Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
 
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Gemnini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025